Volume 26, Issue 95 ( fall 2021)
__Judicial Law Views __2012__, 26(__59__): __224144 |
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saedi Z, aghaei jannat makan H. Basic and legal analysis of the justification or non-justification of killing in defense of property. دیدگاههای حقوقی 2021; 26 (95) :127-144
URL: http://jlviews2.ujsas.ac.ir/article-1-1755-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1755-en.html
Basic and legal analysis of the justification or non-justification of killing in defense of property
1- , zahrasaedi84@gmail.com
Abstract: (871 Views)
Justifying or not justifying killing in defense of property has always been a challenging issue for jurists Western jurists have studied such killing in the light of the principle of proportionalit. . That is,whether there is a balance and proportionality between defensive action - killing aggressor- and aggressive action - attacking property – or not. based on this principle, some believe that killing in defense of property is disproportionate, while others have suggested theories to justify these killings. In different legal systems, in this regard, criminal law and judicial procedure are sometimes different and sometimes similar. in Iranian law, without this issue being theorized, different views have been expressed. Legislation in this regard has also varied in different periods. In the meantime, Islamic jurisprudence by requiring of gradualing in defensive actions, has provided the best solution. Due to the many ambiguities in the concept of proportionality, the jurisprudential approach of gradualing in defensive actions has been incorporated into the Islamic Penal Code 1392, and the concept of proportionality is no longer mentioned. Thus, these killings are justified by compliance of gradually in defensive actions as well as compliance of the other requirements of Article 156 of the Islamic Penal Code.
Keywords: compliance of gradually, proportionality, killing for defense of property, double effect theory, authonomy theory
Type of Study: Critical & Analisis |
Subject:
Criminal Law
Received: 2019/09/28 | Revised: 2022/12/26 | Accepted: 2021/10/02 | Published: 2021/12/12 | ePublished: 2021/12/12
Received: 2019/09/28 | Revised: 2022/12/26 | Accepted: 2021/10/02 | Published: 2021/12/12 | ePublished: 2021/12/12
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